When is Qisas waived after a complete severance if choosing retaliation?
Chapter on Retaliation (Qawad)
Al-Mughni
Book of Wounds
Primary text
If the injured party chooses Qisas, experts must be consulted. If they state that severing the limb will prevent the veins from closing and allow air to enter the body causing corruption, Qisas is waived because taking a life for a limb is impermissible. If this danger is averted, Qisas is permissible because the injured party accepted less than his full right, which is permissible, analogous to a Muslim accepting Qisas from a Dhimmi, a male from a female, or a free person from a slave. Furthermore, he is not entitled to any additional compensation (Arsh) along with Qisas because the paralyzed hand (Al-Shala') is considered complete in its original creation, having only suffered a defect in its condition, thus precluding Arsh, similar to previously cited examples.
Supporting text
Abu Al-Khattab holds that the injured party is entitled to Arsh in addition to Qisas, based on his reasoning in the case of the one-eyed person's eye. However, the first opinion is sounder because linking this issue to established fundamental principles is preferable to linking it to a disputed secondary issue that deviates from the fundamentals and contradicts analogy.